2013 -- H 5825

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LC01892

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

MOTOR AND OTHER VEHICLES - AUTOMATED LICENSE PLATE READER SYSTEM

     Introduced By: Representatives Valencia, Handy, Ajello, Walsh, and Tanzi

     Date Introduced: February 28, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 31 of the General Laws entitled "MOTOR AND OTHER

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VEHICLES" is hereby amended by adding thereto the following chapter:

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     CHAPTER 54

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AUTOMATED LICENSE PLATE READER SYSTEMS

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     31-54-1. Definitions. – For the purposes of this section:

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     (1) "Automated license plate reader system" means a system of one or more mobile or

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fixed automated high-speed cameras used in combination with computer algorithms to convert

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images of license plates into computer-readable data.

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     (2) "Captured plate data" means the GPS coordinates, date and time, photograph, license

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plate number, and any other data captured by or derived from any automatic license plate reader

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system.

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     (3) "Alert" means data held by the department of motor vehicles, the state criminal justice

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information system, the national crime information center, the FBI kidnappings and missing

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persons list, and the Rhode Island missing children clearinghouse.

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     (4) "Governmental entity" has been given meaning in section 37-2-7(29).

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     31-54-2. Restrictions on use. – (a) Except as provided for in subsection (b) herein, it

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shall be unlawful for any individual, partnership, corporation, association, or the state of Rhode

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Island, its agencies, and political subdivisions to use an automated license plate reader system.

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     (b) Automated license plate reader systems may be used for the purposes of identifying:

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     (1) Outstanding parking or traffic violations;

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     (2) A vehicle registered to an individual for whom there is an outstanding warrant;

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     (3) A vehicle associated with a missing person; or

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     (4) For the purpose of electronic toll collection.

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     31-54-3. Security of records. – (a) Data captured in accordance with section 31-54-2

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shall not be used or shared for any other purpose; provided, that aggregate data not containing

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personal identifying information may be released.

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     (b) All recorded images that do not identify a violation shall be destroyed with forty-

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eight (48) hours of the time the image was recorded, unless ordered by a court of competent

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jurisdiction.

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     (c) All recorded images that identify a violation shall be destroyed within one year after

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the citation is resolved by administrative payment, trial, or other final disposition, unless ordered

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by a court of competent jurisdiction.

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     (d) Any entity that uses automated license plate reader systems pursuant to section 31-

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54-2 shall update those systems from the databases enumerated therein every twenty-four (24)

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hours if such updates are available or as soon as practicable thereafter.

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     (e) Entities authorized to use automated license plate reader systems in accordance with

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section 31-54-2 shall not sell, trade, or exchange captured plate data for any purpose.

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     31-54-4. Traffic violation procedure. – If a vehicle is identified under this chapter as

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possessing outstanding parking or traffic violations, the following information shall be sent to the

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registered owner within fourteen (14) days of identification:

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     (1) A copy of the recorded image taken as proof of the violation; and

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     (2) A signed statement by a trained law enforcement officer that, based on inspection of

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recorded images, the motor vehicle was properly identified according to this statute; and

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     (3) A statement that the vehicle identified met the criteria of subsection 31-52-2(b); and

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     (4) A list of the violations, including, but not limited to, the nature of the violation, and

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the location and date of the violation.

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     31-54-5. Reporting. – Any entity that uses automated license plate reader systems

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pursuant to section 31-54-2 shall:

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     (1) Adopt a policy governing use of the system and conspicuously post the policy on the

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entity’s Internet website;

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     (2) Adopt a privacy policy to ensure that captured plate data is not shared in violation of

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this act or any other law and conspicuously post the privacy policy on the entity’s Internet

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website;

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     (3) Report annually its automated license plate reader system practices and usage to the

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state or local agency that governs the entity. The report shall also be conspicuously posted on the

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entity’s Internet website. The report shall include:

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     (i) The number of license plates scanned;

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     (ii) The names of the lists against which captured plate data was checked, the number of

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confirmed matches, and the number of matches that upon further investigation did not correlate to

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an alert;

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     (iii) The number of matches that resulted in citation, arrest or prosecution;

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     (iv) The number of violations resolved by mail;

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     (v) The number of violations dismissed after trial or hearing;

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     (vi) The cost to maintain the automated license plate reader system; and

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     (vii) The amount of revenue obtained from the automated license plate reader system.

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     31-54-6. Use of evidence in criminal and civil cases. – Any evidence obtained as a

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result of automated license plate reader use prohibited by section 31-54-2 shall be inadmissible in

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any judicial proceeding. Nothing contained herein shall be construed to preclude any

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investigation otherwise based upon any legally sufficient cause.

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     31-54-7. Penalties. – In any civil action alleging a violation of this chapter, the court

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may:

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     (1) Award to a prevailing plaintiff punitive damages in addition to any award of actual

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damages, and reasonable attorneys’ fees; and

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     (2) Afford injunctive relief against any individual or entity who commits or proposes to

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commit a violation of this chapter.

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     SECTION 2. This act shall take effect upon passage.

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LC01892

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

MOTOR AND OTHER VEHICLES - AUTOMATED LICENSE PLATE READER SYSTEM

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     This act would create a new chapter in the general laws providing for an automated

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license plate reader system. It would make it unlawful for any individual, partnership,

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corporation, association, or the state of Rhode Island, its agencies and political subdivisions to

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use an automated license plate reader system, except for outstanding parking or traffic violations,

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identifying a vehicle registered to one for whom there is an outstanding warrant, identifying a

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vehicle associated with a missing person, or for the purpose of electronic toll collection. It would

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set forth the security of the records obtained in conjunction with the system, and also traffic

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violation procedures.

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     This act would take effect upon passage.

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LC01892

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